{ Islam from inside }

(Sura 4: verses 135 - 136) - On Justice

Added Oct 24, 2003

Verses 135 and 136 of the fourth chapter (Sura al-Nisa) in the
qur'an read as follows:

4:135 O ye who believe! stand
out firmly for justice, as witnesses to God, even as against
yourselves, or your parents, or your kin, and whether it be (against)
rich or poor: for God can best protect both. Follow not the lusts (of
your hearts), lest ye swerve, and if ye distort (justice) or decline to
do justice, verily God is well-acquainted with all that ye do.

4:136 O ye who believe!
Believe in God and His Apostle, and the scripture which He hath sent to
His Apostle and the scripture which He sent to those before (him). Any
who denieth God, His angels, His Books, His Apostles, and the Day of
Judgment, hath gone far, far astray.

The qur'an uses many different modes of address in it's verses. Some
are addressed specifically to the people of the book (Jews and
Christians), others to humankind in its totality, some to the desert
arabs, others to the believing women, and so on. These
verses are addressed specifically to those who believe,
although, of course, in a general sense, all the qur'an's verses are
meant to be reflected upon by all readers.

Verse 135 and 136 are not addressed to mankind (al-nas) as a whole, or
to the
people of the book, or any other general grouping, but rather to those
Muslims who profess to believe, who profess to be striving towards
"iman" (faith). This verse and the next are setting down requirements,
duties, and behaviours expected of those who strive to be believers.
These then, are among the marks, the characteristics, the
distinguishing traits, the qualities of one who has iman. (The concept of iman has been covered
elsewhere on this website, but
for the sake of completeness
the information is repeated [with a few modifications related to these
verses] here)

What is iman? Although translated as faith or belief, iman is not faith
in the
commonly held sense of the word.

In a well known verse the Qur'an says: "Say not that You have iman,
rather say that you are Muslim, for iman has not yet entered your
hearts." (Qur'an 49:14)

Here it is defining being a Muslim and having iman as two separate
overlapping circles. First there is the wide circle of being a Muslim,
and inside that circle is the circle of iman-a smaller less inclusive
circle. A circle within a circle - the relationship is like the heart
within the Body, the interior within the exterior, the esoteric and the
exoteric, the secret hidden within the breast. But at the same time
iman (an interior state of the heart and mind, has an external aspect.
It must have an external aspect as pointed out in the command issued in
this verse... "stand out firmly for
justice..." The interior belief
must manifest itself in certain external behaviours. These behaviours
do not have to do with the rituals of the religion (fasting, prayer,
hajj etc.) but with a nobility of behaviour, a quality of behaviour. We
are told by Ali (the Prophet's son-in-law and closest companion):

"Be not mislead by their prayers and
fasting...rather, try them when it
comes to telling the truth and fulfilling trusts."
This is a statement that beautifully clarifies the concept of
iman. We are told that outward ritualistic piety is not sufficient, but
to look instead at other qualities - qualities that emerge from the
proper inner application of the rituals and the changes that this works
on the essential substance and character of a person. These qualities
are part of the fruit and outward manifestation of iman. If a person
does not have this elevated mode of behaviour then his prayers and
fasting are not having the appropriate effect. Iman has not entered his
heart. (The heart being a reference to the centre through which all the
varied streams of a person's consciousness pass.)

Iman then is a potential waiting to unfold, a potential dependent on
the interior state of a person's "heart" and the strength of it's
connection with higher realities. It's result, and the test of it's
veracity, is the actualization of the iman in the character, nobility,
and behaviour of a person. The iman, if it has entered the heart, will
naturally manifest in certain external ways, and "those who believe"
are commanded to bring these qualities to bear on external
circumstances.

Stand out for justice

"Giving judgement is such a tremendous affair in which there is no
place for "hopefully", "perhaps", or "may be" (Prophetic hadith). This
is because whoever has judged has decreed and a decree is something
that is done by God or an apostle of God, by the permission of God, or
in accordance with principles set down in revelation.
It is not something to be undertaken lightly. When someone decrees they
must carefully balance the worldly circumstances against what has come
down in revelation and what has been demonstrated through the examples
of the prophets. In the qur'an, Pharoah attempts to decree but his
decree is rejected by his own magicians who recognize that it is not
Pharoah's place to issue decrees since his decrees emanate from his own
ego and his own desire, and thus they are deprived of the quality of
justice. So, judgement without reference to higher realities and
subduing of the ego, can result in a type of tyranny.

This is not to say that judgements are not to be issued, but that there
is a strong possibility of a very easy slippage into tyranny, since a
skewed judgement or a biased judgement is nothing other than a type of
tyranny. Any favoritism, any partiality, any egotism is a destroyer of
justice and spells the beginning of tyranny. So judgement and justice
is a tremendous affair, requiring absolute impartiality and a deep
knowledge. This in turn requires a personality and character free of
corruption and one that is strongly rooted in spiritual realities. This
is why this verse is addressed to those with iman or who are striving
towards iman.

The intent of this verse is to eliminate all partiality, all favoritism
in one's actions. Put aside ego (partiality to your own opinions). Put
aside favoritism to your blood alliances, to your tribal alliances,
don't be swayed by wealth or any worldly considerations. When you judge
you have to stand as a witness before God - for it is before Him that
you are ultimately accountable.

Imam Ali has described just behaviour in his letter to the governor of
Egypt, Malik (al-Ashtar). In it he points out that favorites are often
more a burden than a help and that annoying a favorite is a small price
to pay to achieve justice. Having favorites results immediately in a
distortion of perception, a throwing aside of equality, and a skewing
of justice. Those who have your ear - those favorites - can distort if
not destroy, your judgement. This includes our own self (ego),
especially in regards to our animal nature, our desires and passions,
and lusts which, if favoured by us, can veil us from perceiving what is
most just. So in seeking justice, we are advised to take God as our
favorite and stand as a witness before Him since by doing so all
favoritism to men or to individual desires falls away. If we fail to do
so, the verse reminds us that God Himself will take note of that
refusal ("God is well-acquainted with all that ye do").

Imam Ali writes, "See that justice
is done towards God and justice is
done towards the people by yourself, your own family and those who are
close to you among your subjects. For if you do not do so, you have
worked wrong. And as for him who wrongs the servants of God, God is his
adversary, not to speak of His servants. God renders null and void the
argument of whosoever contends with Him. Such a one will be God's enemy
until he desists or repents."

"Let the dearest of your affairs be
those which are the middlemost in
rightfulness (this is because justice involves a fine balance - it is a
weighing in the scales to determine the most appropriate action), most
inclusive in justice, and most comprehensive in (establishing) the
contentedness of the subjects. For the discontent of the common people
invalidates the contentedness of favorites, and the discontent of
favorites is pardoned at (the achievement of) the contentedness of the
masses. Moreover, none of the subjects is more burdensome upon the
ruler in ease and less of a help to him in trial than his favorites.
(None are) more disgusted by equity, more importunate in demands, less
grateful upon bestowal, slower to pardon (the ruler upon his)
withholding (favor) and more deficient in patience at the misfortunes
of time than the favorites." (excerpted from Imam Ali's letter
of
advice to Malik al-Ashtar)

So verse 135 deals with not letting ego, passion, and favoritism impair
judgement. As to how we deal with those around us when they slip,
falter, or show less than ideal Islamic qualities, Imam Ali says:

"(people) ...are of two kinds: either
they are your brothers in
religion or your equals in creation. Error catches them unaware,
deficiencies overcome them, (evil deeds) are commited by them
intentionally and by mistake. So grant them your pardon and your
forgiveness.... Let the farthest of your subjects from you and the most
hateful to you be he who most seeks out the faults of men. For men
possess faults, which the ruler more than anyone else should conceal.
So do not uncover those of them which are hidden from you, for it is
only incumbent upon you to remedy what appears before you. God will
judge what is hidden from you. So veil imperfection to the extent you
are able; God will veil that of yourself which you would like to have
veiled from your subjects. Loose from men the knot of every resentment,
sever from yourself the cause of every animosity, and ignore all that
which does not become your station. Never hasten to believe the
slanderer, for the slanderer is a deceiver, even if he seems to be a
sincere advisor." (Imam Ali - letter to Malik al-Ashtar))

4:136 O ye who believe!
Believe in God and His Apostle, and the scripture which He hath sent to
His Apostle and the scripture which He sent to those before (him). Any
who denieth God, His angels, His Books, His Apostles, and the Day of
Judgment, hath gone far, far astray.

Again, this verse repeats the address to those who believe and it gives
a particular configuration, direction, and structure to the belief. It
tells us, "you who have iman -
structure your iman in this way.
Understand the nature of this structure." It tells us that any
who deny
this structure have misunderstood the nature of reality. And it reminds
us of the seriousness of this misunderstanding by reminding us of the
day of judgement - which is when the nature and structure of reality
will be laid bare for all to perceive. The day of judgement is not
mentioned in the sentence which tells us what to believe, but in the
statement which tells us what not to deny.

Look at the sequence here.

First there is God, who is the source and the sustainer of everything
in existence. Then there are the angels, who are the forces, the medium
through which God communicates with and guides mankind. There has to be
an intermediary created force of some type (whether it is the angels or
whether it is some other intermediary form of manifestation) because
direct contact between the Uncreated (God in His essence) and the
created will result in the anhilation of the creatures. Our own
createdness and continued existence requires this distancing. Moses
asked to witness God directly. God asked Moses to look at a mountain.
When God manifested himself to the mountain it was utterly annihilated,
turned to dust, to nothingness. So the created beings cannot witness
God's essence directly but only in a veiled form, through the
intermediary of other created forces.

What is it that the angels communicate but the books of guidance, which
are the books of existence in compressed verbal form. The Qur'an is the
book given to mankind but the Qur'an itself speaks of the Mother of the
Book (Qur'an 43:4 - "And verily, it
is in the Mother of the Book, in Our
Presence, high (in dignity), full of wisdom.") The Qur'an we
have is a
gateway to the Mother of the Book. The books are gateways to knowledge
and understanding - they are guides to help mankind unfold its
potential. Notice that the books are mentioned before the Apostles.
This is to make clear that the Apostles themselves are receivers of the
books, and not their authors. The books have in a sense a higher place
than the Apostles since the apostles themselves are followers of the
books. This is why we are told to refer anything the apostles say back
to the books to determine the veracity of the reported statements.

The Apostles are the recipients and exemplars of God's books through
the medium of the angels. They are elevated because of their inherent
ability to receive revelation. They have reached upwards towards God
and God has sent his guidance down to mankind through them. This is why
it is said that they are a mercy to all mankind. Their reaching (their
purification of their own natures) and his sending brings these
astonishing books as a gift to all mankind. These books are doorways
which turn man's eyes in two directions. Towards the horizons of this
world and it's limitless wonders and towards the horizons of his own
hidden nature (his self) which holds secrets and depths and the
capability to extend his understanding beyond the material world
to the other levels of existence to which we are all inexorably moving.
In other words it is a book about what man truly is and what existence
truly is and about our final destination. The Apostles are personal
witnesses to the reality of what is written about in the books.

And we are asked to believe in the books that have been sent down
before to the other Apostles - so we are asked to make a connection
between our scripture and the previous scriptures - this is part of
belief, part of iman. The Qur'an is establishing a continuity of
religion throughout history - it is telling us that the source is one
and that the communication from God occurs throughout history. It is
asking us to attest to this fact, to acknowledge it as part of our
basic belief.

We are cautioned not to deny any of the above and also not to deny the
day of judgement which is when what we are, what our reality is, is
made manifest and in turn the nature of reality is made manifest to us.
So then, our own nature (what we made of ourselves) and , our proper
place in reality becomes clear to us. We come to know our appropriate
place (good or bad) in the scheme of things.

- Irshaad Hussain

an advice to rulers and judges

What
follows below are excerpts from Imam Ali's letter of advice to Malik
al-Ashtar (a provincial governor in the early days of Islam) on how he
should conduct himself while in office.

"Surely the subjects' love will not appear without the well-being of
their hearts, and their sincerity (toward rulers) will not become free
from blemishes unless they watch over their rulers, find their
governments of little burden and cease to hope that their period (of
rule) will soon come to an end....

Then choose to judge (al-hukm) among men him who in your sight is the
most excellent of subjects, i.e., one who is not beleaguered by
(complex) affairs, who is not rendered ill-tempered by the
litigants, who does not persist in error, who is not distressed by
returning to the truth when he recognizes it, whose soul does not
descend to any kind of greed, who is not satisfied with an inferior
understanding (of a thing) short of the more thorough, who hesitates
most in (acting in the face of) obscurities, who adheres most to
arguments, who is the least to become annoyed at the petition of the
litigants, who is the most patient (in waiting) for the facts to become
clear and who is the firmest when the verdict has become manifest; a
man who does not become conceited when praise is lavished upon him and
who is not attracted by temptation. But such (men) are rare.

Thereupon investigate frequently his execution of the law (qada') and
grant generously to him that which will eliminate his lacks and through
which his need for men will decrease....(In sum) study that (i.e., the
selection of judges) with thorough consideration, for this religion was
prisoner in the hands of the wicked, who acted with it out of caprice
and used it to seek (the pleasures of) the present world....

Investigate the situation of taxes in a manner that will rectify the
state of those who pay it, for in the correctness of the tax and the
welfare of the taxpayers is the welfare of others. The welfare of
others will not be achieved except through them, for the people, all of
them, are dependent upon the tax and those who pay it. Let your care
for the prosperity of the earth be deeper than your care for the
collecting of tax, for it will not be gathered except in prosperity.
Whoever exacts tax without prosperity has desolated the land and
destroyed the servants (of God). His affairs will remain in order but
briefly.

So if your subjects complain of burden...lighten (their burden) to the
extent you wish their affairs to be rectified. And let not anything by
which you have lightened their burden weigh heavily against you, for it
is a store which they will return to you by bringing about prosperity
in your land and embellishing your rule. You will gain their fairest
praise and pride yourself at the spreading forth of justice among them.
You will be able to depend upon the increase in their strength
(resulting) from what you stored away with them when you gave them
ease; and upon their trust, since you accustomed them to your justice
toward them through your kindness to them. Then perhaps matters will
arise which afterwards they will undertake gladly if in these you
depend upon them, for prosperity will carry that with which you burden
it. Truly the destruction of the earth only results from the
destitution of its inhabitants, and its inhabitants become destitute
only when rulers concern themselves with amassing (wealth and power),
when they have misgivings about the endurance (of their own
rule) and when they profit little from warning examples....

Then (fear) God, (fear) God regarding the lowest class, the wretched,
needy, suffering and disabled who have no means at their disposal, for
in this class there is he who begs and he who is needy (but does not
beg). Be heedful for God's sake of those rights of theirs which He has
entrusted to you. Set aside for them a share of your treasury (bayt
al-mal) and in every town a share of the produce...for to the farthest
away of them belongs the equivalent of what belongs to the
nearest. You are bound to observe the right of each of them, so be
not distracted from them by arrogance, for you will not be excused if,
to attend to the (seemingly) very important affair, you neglect the
(seemingly) trifling, So avert not your solicitude from them and turn
not your face away from them in contempt.

Investigate the affairs of those (of the lowest class) who are unable
to gain access to you, those upon whom eyes disdain to gaze and whom
men regard with scorn. Appoint to attend exclusively to them a person
whom you trust from among the god fearing and humble, and let him
submit to you their affairs. Then act toward them in a manner that will
absolve you before God on the day that you meet Him. For among the
subjects these are more in need of equity than others. In the case of
each of them prepare your excuse with God by accomplishing for him his
rightful due (al-haqq - the truth). Take upon yourself the upkeep of
the orphans and aged from among those who have no means at their
disposal and do not exert themselves in begging. (All of) this is a
heavy burden upon rulers. The truth (al-haqq), all of it, is a heavy
burden. But God may lighten it for people who seek the final end, who
admonish their souls to be patient and trust in the truth of God's
promise to them.

Set aside for those who have requests (hajat) from you a portion (of
your time) in which you yourself are free to (attend) to them. Hold an
open audience for them and therein be humble before God who created
you. Keep the soldiers and aides who are your bodyguards and police
away from them so that their spokesman may address you without
stammering (in fear), for I heard the Messenger of God-may God bless
him and his household and give them peace-say not (only) on one
occasion, "No community shall be sanctified within which the rightful
due of the weak may not be taken from the strong without stammering (by
the weak)". Furthermore suffer them to be coarse and faltering of
speech and become not annoyed and angry with them. For that God will
outspread the wings of His mercy over you and make binding for you the
reward of having obeyed Him. Bestow what you bestow in a pleasant
manner and refrain (from granting requests when you must) gracefully
and while asking pardon....

Each day perform the work of that day, for to each belongs what is
proper to it. Set aside for yourself in what is between you and God the
most excellent of these hours and the fullest of these portions, even
though all of them belong to God if in them your intention is correct
and because of them the subjects remain secure. In making your religion
sincerely God's perform especially His obligations
(fara'id), which pertain only to Him. So give to God of your body
in your night and your day, and complete in a perfect manner, neither
defectively nor deficiently, what brings you near to God, no matter
what may befall your body (as a result).

Furthermore, prolong not your seclusion (ihtijab) from your subjects,
for rulers' seclusion from subjects is a kind of constraint and
(results in) a lack of knowledge of affairs. Seclusion from them cuts
rulers off from the knowledge of that from which they have been
secluded. Then the great appears to them as small and the small as
great. The beautiful appears as ugly and the ugly as beautiful. And the
truth becomes stained with falsehood. The ruler is only a man. He does
not know the affairs which men hide from him....

Beware of blood and spilling it unlawfully, for nothing is more
deserving of vengeance (from God), greater in its consequence or more
likely to (bring about) a cessation of blessing and the cutting off of
(one's appointed) term than shedding blood unjustly. God -glory be to
Him-on the Day of Resurrection will begin judgment among His servants
over the blood they have spilt. So never strengthen your rule by
shedding unlawful blood, for that is among the factors which weaken and
enfeeble it, nay, which overthrow and transfer it...."(from the letter of Imam Ali to Malik
al-Ashtar - tr. by William Chittick)

About this article

Anyone who reads the Qur'an is likely to be struck by the unique
nature of its construction, its unusual and constantly shifting rhythms
and the sudden transmutations and displacements in its subject matter.
At first this ever changing literary terrain seems an obstacle to
understanding, but the more time one spends with this book, the more
organic, the more natural the flow of its words feel. It is almost
like flying over an ever-changing landscape - rolling valleys
punctuated by jagged rocks, forests and plains giving way to upthrust
mountains, high plateaus broken by deep lakes, deserts sprinkled
with oasis' and cleft by canyons. Despite the variety of the forms,
despite the startling contrast of adjacent features, a complex organic
beauty underlies and unites all the various elements. These "tafsirs"
emerged from numerous brief scattered notes made while reading the
qur'an (along with numerous commentaries and the works of various
scholars) and reflecting on its content. As well, for a number of years
I have participated in a hallakha, a qur'anic study circle, and the
tafsirs presented here were originally researched for presentation at
that forum.